ATTA MUHAMMAD vs State Ss — 2023 MLD 1795 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1795 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: ATTA MUHAMMAD vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ATTA MUHAMMAD VS State Ss. 302(b), 324, 353, 147, 148 & 149---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Test identification parade---Scope---Accused were charged for making fires upon the Police Officials, when they were signalled to stop them, due to which, one Police Official was hit and died, whereas other sustained injury---Accused, after the arrest, were put to an identification parade where they were picked up by the witnesses---Except for that piece of evidence no other evidence was available on record against the accused---Even it was not clear from the evidence of prosecution witnesses that after the arrest of two accused, they were kept in safe custody and witnesses had no chance to see them---All the prosecution witnesses were Police Officials and most of them were posted at the same police station hence possibility could not be ruled out that before holding of the identification parade accused were seen by them---Circumstances established that the prosecution had failed to prove its case against the accused beyond a shadow of reasonable doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

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2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

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